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MINUTES of the MEETING of the BAROSSA COUNCIL Held on Tuesday 16 March 2021 Commencing at 9.00Am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa

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MINUTES of the MEETING of the BAROSSA COUNCIL Held on Tuesday 16 March 2021 Commencing at 9.00Am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa 2021/324 MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on Tuesday 16 March 2021 commencing at 9.00am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa 1.1 WELCOME Mayor Bim Lange declared the meeting open at 9.00am. 1.2 MEMBERS PRESENT Mayor Bim Lange, Crs Russell Johnstone, Leonie Boothby, Tony Hurn, David de Vries, David Haebich, Don Barrett, Cathy Troup, Richard Miller, Kathryn Schilling. 1.3 LEAVE OF ABSENCE Cr Carla Wiese-Smith 1.4 APOLOGIES FOR ABSENCE Cr John Angas MOVED Cr de Vries That Council receive the apology from Cr Angas. Seconded Cr Miller CARRIED 2018-22/392 1.5 MINUTES OF PREVIOUS MEETINGS – FOR CONFIRMATION MOVED Cr Hurn That the Minutes of the Council meeting held on Tuesday 16 February 2021at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Miller CARRIED 2018-22/393 The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021 2021/325 1.6 MATTERS ARISING FROM PREVIOUS MINUTES AMENDMENT OF MOTION 2018-22/38 – COMMUNITY TRANSPORT ELIGIBILITY / FULL COST RECOVERY MODEL B10859 MOVED Cr de Vries That Council approve the amended Minutes of the Council Meeting held 18 February 2020, in particular Resolution No. 2018-22/38, to read: 2.1 A plan is developed for a 12 month trial period during the 2020-21 financial year for opening up Flashcab hire to all community members requiring the use of a wheel chair accessible vehicle and prioritising those residing within the Barossa & Light region during the trial period Seconded Cr Troup CARRIED 2018-22/394 1.7 PETITIONS MOVED Cr de Vries That: (1) The petition be received and the Director – Works and Engineering Services provide an appropriate response to the author of the petition. (2) Council staff include the sealing of Goldfields Road, Cockatoo Valley between Balmoral Road and Green Gully Road for consideration by the New Initiative process in the Financial Year 2021-22 Annual Budget and Business Plan Process. Seconded Cr Johnstone CARRIED 2018-22/395 1.8 DEPUTATIONS Nil 1.9 NOTICE OF MOTION Nil 1.10 QUESTIONS – WITH OR WITHOUT NOTICE Nil 2. MAYOR 2.1 MAYOR’S REPORT MOVED Cr Boothby That the Mayor’s report be received. Seconded Cr Barrett CARRIED 2018-22/396 The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021 2021/326 3. COUNCILLOR REPORTS Nil 4. CONSENSUS AGENDA 5. ADOPTION OF CONSENSUS AGENDA 5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA Nil 5.2 RECEIPT OF CONSENSUS AGENDA MOVED Cr Johnstone That the information items contained in the Consensus Agenda be received and that any recommendations contained therein be adopted. Seconded Cr Miller CARRIED 2018-22/397 5.3 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA Nil 6. VISITORS TO THE MEETING / ADJOURNMENT OF MEETING Refer to page 2021/328 7. DEBATE AGENDA 7.1 MAYOR – DEBATE 7.1.1 ANNUAL PERFORMANCE AND REMUNERATION REVIEW OF CHIEF EXECUTIVE OFFICER (CEO) B11778 Pursuant to S120(1) of the Local Government Act 1999, Mr Martin McCarthy as Chief Executive Officer, disclosed a conflict of interest in the matter 7.1.1 Annual Performance and Remuneration Review of Chief Executive Officer (CEO) as it relates directly to his performance outcomes and contractual conditions of employment and the management of these matters. Mr McCarthy advised Council of the conflict of interest and left the meeting at 9.14am. MOVED Cr Boothby That Council undertakes the 2021 annual review of the Chief Executive Officer’s performance and remuneration facilitated by an external consultant (with relevant administrative support provided by the Executive and Project Support Officer) and appoints Mayor Lange, Deputy Mayor Johnstone and Councillors (up to 3) Cr Troup, Cr Miller, and Cr Schilling to the Chief Executive Officer Performance Review Committee for the conduct of the 2021 process. Seconded Cr Schilling CARRIED 2018-22/398 The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021 2021/327 PURPOSE The annual review of the Chief Executive Officer’s performance is due by the June meeting of Council. A committee is required to be appointed to coordinate the review in accordance with the Contract of Employment. REPORT Introduction The Local Government Act 1999, along with the Chief Executive Officer’s employment contract, requires that the performance of the CEO be regularly assessed being at least annually. Discussion It is recommended the review commence in April this year so that it is completed by June to coincide with the anniversary date of the CEO’s contract being 4 June. The past years has seen the review not completed until late July, some six weeks after the anniversary date. For the past seven reviews Council has elected to undertake the review process utilising internal expertise and our survey tool rather than outsourcing to a management consultant at significant cost, this has worked well. The internal process has been supported by internal resources limited to conducting and collating the survey results. Council, under the contract of employment can engage a relevant external agency to undertake the review. There are many consultants that can undertake the work if necessary and if Council elect to do so, quotes will be sought from three suppliers and consultation with the CEO, as is required by the contract. As part of the contract of employment with the CEO the Performance Review Committee conducts the review and shall consist of the Mayor, Deputy Mayor and up to three Councillors, or, where agreed with the CEO, additional members. The Council needs to determine if it will conduct the review internally supported by an officer or engage an independent consultant. The CEO needs to concur with the officer or consultant so appointed. If the review is conducted through our internal process it will be supported by the Executive and Project Support Officer, Ms Harding. The annual review of the CEO’s remuneration package can be included in this process but in any case must be done within one month of the performance review. Consultation has occurred with the CEO and he is happy to have Ms Harding support the process administratively, and to conduct both the review and remuneration review process together by the Performance Review Committee. If the internal process is selected by Council the process commences with a meeting of the committee with the internal support officer to review the survey questions, timeframes and other administrative matters. The process then proceeds in the following manner: 1. Members, direct reports to the CEO and any other officers (internal or external) agreed between the Committee and CEO undertake the survey; 2. The Committee and CEO review survey results including year to year comparisons and address any areas of material difference in performance outcomes; 3. The CEO will present to the Committee a summation of the year (to date) and suggested targets for the following year which the Committee will review and provide further input; The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021 2021/328 4. CEO will present (if remuneration also part of the Committees responsibility) to the Committee remuneration assessment for review as compared to the contract of employment, independent survey data and other considerations; and 5. The finalisation is completed with a full report to Council to review the yearly report of CEO, any other relevant documentation, remuneration assessment, targets and survey results. As Mayor I may also provide a summary of the process and performance findings. ATTACHMENTS OR OTHER SUPPORTING REFERENCES Nil COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan How We Work – Good Governance - Accountable Legislative Requirements Chapter 7, Part 1 Local Government Act 1999 Section 107 Local Government Act FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Requires only internal resources if undertaking internal process. There is no budget allocation for an external review as the prior and the current Council was satisfied it could be managed appropriately with the internal process. If Council wish to engage an external provider a budget adjustment would be necessary. An estimated cost for such an external review would be in the order of $8,000 - $12,000. COMMUNITY CONSULTATION Consultation is not required under policy or legislative requirements. Mr McCarthy returned to the meeting at 9.32am. 6.1 VISITORS TO THE MEETING Volunteer Recognition Presentation at 9.32am Bill Biscoe Wally Hearn Claire Hein Elly Monfries Ann Yates Colin Yates MOVED Cr de Vries The Mayor with approval of two-thirds of the members present suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013, for a period sufficient to facilitate formal photographs taken of the recipients recognised and will resume at the discretion of the Mayor. SECONDED Cr Johnstone CARRIED 2018-22/399 The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021 2021/329 Meeting suspended at 9.42am. Resumption of meeting at 9.47am. 7.2 EXECUTIVE SERVICES - DEBATE 7.2.1 CHIEF EXECUTIVE OFFICER 7.2.1.1 COVID-19 RECOVERY PLAN AND TARIFF IMPACT UPDATE B10833-6 MOVED Cr Barrett That Council, having reviewed and considered the current impacts of COVID-19 and tariff policy on wine exports to China approve the updated COVID-19 Recovery Plan and Tariff Impact Response V2.1 as presented at Attachment 1. Seconded Cr Johnstone CARRIED 2018-22/400 PURPOSE To report tables and seeks review and approval for the second version of Councils COVID-19 Recovery Plan with the inclusion of support for recent wine tariff impacts.
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